HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4328 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Rejoinder affidavit has been filed today in the Court, the same is taken on record. 2. Heard learned counsel for the appellant, learned counsel for the informant and learned AGA as well as perused the entire record. 3. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Kapil to set aside the bail rejection order dated 10.04.2025 passed by learned Additional District and Sessions Judge/Special Judge SC/ST Act, Hapur, in Criminal Misc. Bail Application No.688 of 2025 (Kapil Vs. State of U.P.) arising out of Case Crime No.92 of 2025, under Sections 127(2), 109, 308(5), 352 B.N.S. and Section 3(2)v SC/ST Act, Police Station- Pilkhuwa, District- Hapur. 4. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. The applicant has not committed any offence as alleged in the impugned FIR. There is some money dispute between the parties. The FIR is delayed about three days and there is no explanation for the said delay. Medical examination was also delayed about three day. As per medical, injuries are simple in nature. There are major contradictions in the statement of the victim recorded under Section 180 & 183 BNSS. As per FIR as well as medical report, no offence is made out against the appellant. He further submits that charge sheet has been submitted and till date no charge has been framed and no one has been Versus Counsel for Appellant(s) : Mohammad Belal Counsel for Respondent(s) : G.A., Manoj Kumar, Vinay Kumar Kapil .....Appellant(s) State of U.P. and Another .....Respondent(s) examined before the court below, there is no possibility of conclusion of trial in near future. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. Appellant is languishing in jail since 5.3.2025 having criminal history of 12 cases, which have been explained in paragraph no.4 to the rejoinder affidavit. 5. On the other hand, learned counsel for the informant has vehemently opposed the prayer for bail and submits that the appellant is a hardcore criminal. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, role assigned to the present appellant and the nature of injury, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 9. Let the appellant- Pankaj, involved in aforesaid case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of CRLA No. 4328 of 2025 2 which he is accused, or suspected, of the commission of which he is suspected. (v) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 23, 2025 Krishna* CRLA No. 4328 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad